Talking Stick - January/February 2013 - 23

Be in the Know
with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties” (ADA 2010 Revised Requirements). This explicitly excludes emotional therapy animals, which are classified as pets. However, the Fair Housing Act and Section 504 of the Rehabilitation Act do not restrict service animals to a specific breed and require living areas of four or more to allow both service animals and “assistance animals,” which include untrained emotional support animals. Even though the verdict of the Nebraska case does not yet federally apply to higher education institutions, colleges and universities are encouraged to be proactive with policy changes and preparations. Some schools, such as the University of Texas at Austin, have seen an increase in requests for various types of service animals over the past year, while others have yet to receive a request. Texas’ Division of Housing and Food first considered a request for an emotional support animal in September 2010, and the division then worked with the Services for Students with Disabilities office to investigate the applicable laws and review these applications, finalizing a joint policy in early 2012 to specifically include emotional support animals. In contrast, Louisiana State University in Baton Rouge had not encountered a service animal request until this past fall. In response, LSU created a service animal guide that serves as an agreement between the university and the student. Having these policies in place is the key to dealing with requests quickly and appropriately. The first step in creating or altering a policy for service animals is not only to be knowledgeable about ADA and Fair Housing laws, but also to bring all the key players on board, according to Christopher Mullen, associate director of housing operations at the University of Northern Colorado in Greeley: “Anything that’s not defined by ‘service animal’ is [reviewed] on a case-by-case basis. We don’t commit to anything at this point, but we don’t want to leave it out either.” Northern Colorado chose to take out a clause in their policy that prohibits animals other than dogs and miniature horses and instead to review each case individually. Mullen also explains that the best way to avoid lawsuits is to establish a clear line of communication between departments like disability, housing, and legal services, because the ADA is very explicit about what can and cannot be done in disability procedures. Institutions can ask only two questions while examining a service animal request: “Is the service animal required due to a disability?” and “What tasks does the animal perform?” No one can inquire about the individual’s specific disability or medical history – a key point that Nebraska overlooked. Even though an institution must adhere to these privacy standards, residence life has the right to set guidelines and intervene if an animal could potentially damage or destroy the facility. “If it’s an animal that would cause a direct threat to other residents, then you have grounds to evaluate, ‘Is this animal a good fit within the community?’’’ says Steve Waller, director of residential life at LSU and chair of ACUHO-I’s Public Policy Advisory Committee. “A Gila monster or a rattlesnake would not be a good choice for a comfort animal in a residential community.” Preserving the well-being of all students within a residence hall gives housing the right to submit its own reasonable requests in a service animal agreement policy. “We absolutely believe that immunizations, licenses, and the behavioral requirements of animal and owner are required in order for them to live in housing and for us to provide a safe and pleasing environment for all residents,” says Sheril Smith, associate director of University Apartments at Texas.
For more information on service animal legislation, these resources provide definitions and examples of the Americans with Disabilities Act and Fair Housing Act regulations and the legal application to residence life. The presentations and articles provide a platform for creating or altering service animal policies, such as the example procedure from the University of Texas at Austin. ACUHO-I Therapy Animal White Paper: “Therapy Animals in Campus Housing: United States Government Regulations” written by ACUHO-I Public Policy Advisory Committee Chair Steve Waller. Published in December 2011. http://www.acuho-i. org/Portals/0/pdf/News/therapy_animals.pdf. American with Disabilities Act Homepage. www.ada. gov. Commonly Asked Questions About Service Animals in Places of Business. http://www.ada.gov/qasrvc. htm. New Hampshire Governor’s Commission on Disability: Service/Assistance Animals. http:// www.nh.gov/disability/information/community/ serviceanimals.htm “Therapy/Comfort Animals in Housing: A Case Study and Best Practice” presented by Steve Waller at the 2012 ACUHO-I Annual Conference. http://prestohost08.inmagic.com/inmagicgenie/ catfiles/2012/07/206Waller.pdf “Animals in Housing: Assistance Animal Policy Considerations” presented by April Hadnot, student development specialist at the University of Texas at Austin, at the 2012 ACUHO-I Facilities Conference. http://prestohost08.inmagic.com/inmagicgenie/ catfiles/2012/10/1004Hadnot.pdf. Example Service and Emotional Support Animal Procedure: University of Texas at Austin. http:// prestohost08.inmagic.com/inmagicgenie/ catfiles/2012/10/1004Procedure.pdf “2010 Revisions to the ADA: A Campus Housing Perspective” written by Eric D. Luskin, senior vice president of The Scion Group LLC. Published in December 2010. http://prestohost08.inmagic.com/ inmagicgenie/catfiles/2011/01/Changes%20to%20 ADA%20Dec%202010.pdf. “You Were Asking: Emotional Support Animals,” ACUHO-I Blog. Published in May 2010. http://blog. acuho-i.org/2010/05/you-were-asking-emotionalsupport-animals/. “No Pets Allowed: Housing Issues and Companion Animals,” written by Rebecca J. Hus, professor at Valparaiso University School of Law. Published in 2005. http://www.animallaw.info/journals/jo_pdf/ vol11_p69.pdf.

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http://www.acuho-i.org/Portals/0/pdf/News/therapy_animals.pdf http://www.acuho-i.org/Portals/0/pdf/News/therapy_animals.pdf http://www.ada.gov http://www.ada.gov http://www.ada.gov/qasrvc.htm http://www.ada.gov/qasrvc.htm http://www.nh.gov/disability/information/community/serviceanimals.htm http://www.nh.gov/disability/information/community/serviceanimals.htm http://www.nh.gov/disability/information/community/serviceanimals.htm http://prestohost08.inmagic.com/inmagicgenie/catfiles/2012/07/206Waller.pdf http://prestohost08.inmagic.com/inmagicgenie/catfiles/2012/07/206Waller.pdf http://prestohost08.inmagic.com/inmagicgenie/catfiles/2012/10/1004Hadnot.pdf http://prestohost08.inmagic.com/inmagicgenie/catfiles/2012/10/1004Hadnot.pdf http://prestohost08.inmagic.com/inmagicgenie/catfiles/2012/10/1004Procedure.pdf http://prestohost08.inmagic.com/inmagicgenie/catfiles/2012/10/1004Procedure.pdf http://prestohost08.inmagic.com/inmagicgenie/catfiles/2012/10/1004Procedure.pdf http://prestohost08.inmagic.com/inmagicgenie/catfiles/2011/01/Changes%20to%20ADA%20Dec%202010.pdf http://prestohost08.inmagic.com/inmagicgenie/catfiles/2011/01/Changes%20to%20ADA%20Dec%202010.pdf http://prestohost08.inmagic.com/inmagicgenie/catfiles/2011/01/Changes%20to%20ADA%20Dec%202010.pdf http://blog.acuho-i.org/2010/05/you-were-asking-emotional-support-animals/ http://blog.acuho-i.org/2010/05/you-were-asking-emotional-support-animals/ http://blog.acuho-i.org/2010/05/you-were-asking-emotional-support-animals/ http://www.animallaw.info/journals/jo_pdf/vol11_p69.pdf http://www.animallaw.info/journals/jo_pdf/vol11_p69.pdf

Talking Stick - January/February 2013

Table of Contents for the Digital Edition of Talking Stick - January/February 2013

Talking Stick - January/February 2013
Contents
New Member Highlight
Vision
Just In
Your ACUHO-I
Transitions
Res Life
Business Operations
Special Focus
Calendar
From Shovel to Ribbon
All the World’s a Page
Conversations
First Takes
Reporting Out
New Members
Snapshot
Talking Stick - January/February 2013 - Talking Stick - January/February 2013
Talking Stick - January/February 2013 - Cover2
Talking Stick - January/February 2013 - 1
Talking Stick - January/February 2013 - 2
Talking Stick - January/February 2013 - Contents
Talking Stick - January/February 2013 - New Member Highlight
Talking Stick - January/February 2013 - 5
Talking Stick - January/February 2013 - Vision
Talking Stick - January/February 2013 - 7
Talking Stick - January/February 2013 - Just In
Talking Stick - January/February 2013 - 9
Talking Stick - January/February 2013 - 10
Talking Stick - January/February 2013 - 11
Talking Stick - January/February 2013 - 12
Talking Stick - January/February 2013 - Your ACUHO-I
Talking Stick - January/February 2013 - Transitions
Talking Stick - January/February 2013 - 15
Talking Stick - January/February 2013 - 16
Talking Stick - January/February 2013 - 17
Talking Stick - January/February 2013 - Res Life
Talking Stick - January/February 2013 - 19
Talking Stick - January/February 2013 - 20
Talking Stick - January/February 2013 - 21
Talking Stick - January/February 2013 - Business Operations
Talking Stick - January/February 2013 - 23
Talking Stick - January/February 2013 - 24
Talking Stick - January/February 2013 - 25
Talking Stick - January/February 2013 - Special Focus
Talking Stick - January/February 2013 - 27
Talking Stick - January/February 2013 - 28
Talking Stick - January/February 2013 - Calendar
Talking Stick - January/February 2013 - From Shovel to Ribbon
Talking Stick - January/February 2013 - 31
Talking Stick - January/February 2013 - 32
Talking Stick - January/February 2013 - 33
Talking Stick - January/February 2013 - 34
Talking Stick - January/February 2013 - 35
Talking Stick - January/February 2013 - 36
Talking Stick - January/February 2013 - 37
Talking Stick - January/February 2013 - All the World’s a Page
Talking Stick - January/February 2013 - 39
Talking Stick - January/February 2013 - 40
Talking Stick - January/February 2013 - 41
Talking Stick - January/February 2013 - 42
Talking Stick - January/February 2013 - 43
Talking Stick - January/February 2013 - 44
Talking Stick - January/February 2013 - 45
Talking Stick - January/February 2013 - Conversations
Talking Stick - January/February 2013 - 47
Talking Stick - January/February 2013 - 48
Talking Stick - January/February 2013 - First Takes
Talking Stick - January/February 2013 - Reporting Out
Talking Stick - January/February 2013 - 51
Talking Stick - January/February 2013 - 52
Talking Stick - January/February 2013 - 53
Talking Stick - January/February 2013 - 54
Talking Stick - January/February 2013 - 55
Talking Stick - January/February 2013 - 56
Talking Stick - January/February 2013 - 57
Talking Stick - January/February 2013 - New Members
Talking Stick - January/February 2013 - 59
Talking Stick - January/February 2013 - Snapshot
Talking Stick - January/February 2013 - Cover3
Talking Stick - January/February 2013 - Cover4
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